Evan A. Nelson
Associate
Overview
Evan Nelson describes himself as a “death and dirt” lawyer. He represents clients in trusts and estate disputes, which often come to a head after a family member has died, and in real estate litigation, where clients dispute who owns and controls access to "dirt." Because the two often intersect, as people will gift land (or attempt to do so) via their wills or trusts, Evan’s distinct capabilities prove particularly beneficial.
Trust and estate law is written to balance the interests of fiduciaries—trustees and personal representatives—and beneficiaries. Evan has significant litigation experience representing both sides, and he enjoys using that experience to craft a successful litigation strategy tailored for either type of client.
Evan also maintains an active pro bono practice, with significant experience in environmental, administrative, and Government Data Practices Act litigation.
Evan has been named a 2021 Up & Coming Attorney by Minnesota Lawyer, and was selected for inclusion on the 2021 and 2022 Minnesota Rising Stars lists from Super Lawyers, a designation given to only 2.5% of Minnesota attorneys each year. He was also selected for inclusion in Best Lawyers: Ones to Watch for 2023.
Evan graduated first in his class from the University of North Dakota School of Law. During law school, he was a judicial extern to the Honorable Kermit E. Bye of the United States Court of Appeals for the Eighth Circuit.
Experience
- Represented co-trustees in dispute regarding an estate, multiple trusts, and a proceeding for appointment of guardianship and conservatorship.
- Represented former trustee of a trust that managed multimillion dollar rental properties.
- Represented owner of large-scale farming operation in a land-use and easement dispute with adjacent large-scale dairy operation.
- Represented major U.S. railroad in various real estate litigation, including condemnation, quiet title, crossing disputes, and utility billing disputes.
- Represented national engineering firm in multi-party, consolidated litigation arising from natural gas explosion that allegedly occurred during the construction of underground utilities.
Pro Bono
- Pro bono litigation regarding copper-sulfide mining project: Evan serves as lead to team of Maslon lawyers providing pro bono counsel to environmental organizations in several related and complex challenges to a copper-sulfide mine project proposed to be built within the Lake Superior watershed and in close proximity to the Boundary Waters. Representative case: Matter of NorthMet Project Permit to Mine Application Dated December 2017, 959 N.W.2d 731 (Minn. 2021).
- ABA Pro Bono Death Penalty Representation: Ex parte Armstrong (Tex. Crim. App. 2017). Member of team of Maslon lawyers serving as pro bono counsel for Douglas Tyrone Armstrong, a Texas death row inmate convicted of capital murder in 2006. The team successfully secured the vacation of Armstrong's death sentence by the Texas Court of Criminal Appeals.
Honors
Up & Coming Attorney, Minnesota Lawyer, 2021
Recognized on Minnesota Rising Stars list as part of the Super Lawyers® selection process, 2021-2022 (Minnesota Rising Stars is a designation given to only 2.5 percent of Minnesota attorneys each year, based on a selection process that includes the recommendation of peers in the legal profession.)
Light of Justice Award, Texas Defender Service, 2018
North Star Lawyer, Minnesota State Bar Association, 2017-2021 (North Star Lawyer is a designation that recognizes members who provide 50 hours or more of pro bono legal services in a calendar year.)
Selected for inclusion in Best Lawyers: Ones to Watch, 2023 (These awards recognize attorneys, who are earlier in their careers, for outstanding professional excellence in private practice in the United States.)